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Zai Adjourned Session-1997 Annual Town Meeting cont...-March 26, 1997 REVISED SECTION 6 The applicant shall have the burden of proving by a preponderance of the credible evidence that the work proposed by him in his notice of intention will not cause significant harm individual or cumulative harmful effects to the interest sought to be protected by this By- Law.In assessing cumulative harmful effects, the Commission may consider the likely long- term effects of the proposed work as well as the likely effects of the proposed work when taken in conjunction with any prior work and any contemplated future work in the affected area. Failure to provide to the Conservation Commission adequate evidence for it to determine that the proposed work does will not cause significant harm to the interest sought to be protected by this By-Law shall be sufficient cause for the Conservation Commission to deny such permit or to grant such permit with such conditions as it deems reasonably necessary or desirable to carry out the purposes of this By-Law or to postpone or continue the hearing to another date certain to enable the applicant and others to present additional evidence,upon such terms and conditions as seems to the Commission to be just, NO CHANGE SECTIONS 7 REVISED Section 7.1 The term"applicant"as used in this By-Law shall mean a person giving notice ofintention Notice of Intent to build,remove,fill, dredge or alter. NO CHANGE Section 7.2 REVISED Section 7.3 The terms marsh,freshwater wetland,swamp,wet meadow and bog as used hi this By-Law shall be defined as set forth in Massachusetts General Laws Chapter 131, Section 40. The boundary of these wetlands is either the line within which fifty(50)percent or more of the vegetation community consists of wetland plant species identified in Massachusetts General Laws Chapter 131, Section 40 or the line within which the soil conditions meet the technical criterion of a hydric soil as developed and revised by the National Technical Committee for Hydric Soils,whichever line or segment of line protects more wetlands in situations where two lines exist. The term land subject to flooding shall be defined as set forth in 310 CMR 10.57. NO CHANGE Section 7.4&7.5 REVISED Section 7.6 (a) 100 feet horizontally lateral from the edge of any bog, marsh, meadow or swamp bordering on a creek,river,stream,pond,lake or,wetland or from the edge of any vernal pool or any isolated land subject to flooding. (b) 100 feet horizontally lateral from the water elevation of the 100 year storm or whichever is the greater distance of(a)or(b). NO CHANGE Section 7.7 INSERT SECTION 8 Disapproved Upon receipt of a permit application,the Conservation Commission is authorized to require by Atty. an applicant to pay a fee for the reasonable costs and expenses borne by the Commission Gen. July 18,1997for specific expert engineering and other consultant services deemed necessary by the Commission to come to a final decision on the application. The specific consultant services